Fee for reference from previous agency

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    Fee for reference from previous agency

    Hi guys

    I'm looking to rent a flat and at the referencing stage Ive been sent the following message:
    "Please give your consent to ..... to release the reference for Uktenantdata " (agency name removed).

    I've contacted my previous agency and they have requested a fee of £36 for them to give a reference.
    My understanding of the tenant fee ban is that referencing fees are banned, and although I am not being charged directly by the referencing company, I am in effect still having to pay to be referenced.

    Is this allowed? If not, who is at fault here? I am no longer with the previous agency at the moment btw...


    #2
    The new letting agent can't ask you to make a payment to any third party in relation to the tenancy.
    That puts them in breach of the tenant's fees act.
    Let's be charitable and pretend that they didn't know your old agent were planning to charge you for the service.

    If your tenancy with the old agent began before the tenant's fees ban, they would be able to make a charge relating to it despite the ban.

    If the tenancy began after 27 May 2015 however, regardless of the ban, they can only charge you fees that you were made aware of before you signed the tenancy (that's a result of the Consumer Rights Act 2015).
    So were you aware that there could be a £36 referencing fee?
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      thanks for the info jpkeates.

      although my previous agents are entitled to ask for a fee (they referenced the fee in a handbook, not the tenancy agreement itself), i had a look at the tenants fee act and found this straight from the horse's mouth:

      https://assets.publishing.service.go...nce_190722.pdf

      Page 29:

      "A landlord or agent may ask you to provide information which supports them to carry out a reference check, such as:
      ....
      • a reference from a previous landlord (you cannot be asked to pay for this) "

      so there you have it, clear as day, will be firing an email to my current agent and making them aware of this and saving myself the 36 quid and them a potential 5k fine.

      Comment


        #4
        The current agent is not requiring you to pay a fee or contract with a 3rd party. They're asking you to get your/okay previous agent/landlord to provide a reference. Your previous agent want to charge you for it (while they can) is not the current agent's fault.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

        Comment


          #5
          my old agency is a 3rd party in this case....

          Comment


            #6
            The new agent need to require you to contract with a 3rd party for it to be illegal. They're asking for a reference from your previous landlord/LA is not requiring you to contract with a 3rd party. That the previous agent decide to charge you for it is a matter between you and your previous landlord's agent, especially when it's a fee they had previously made you aware they may charge.
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            I do not answer questions through private messages which should be posted publicly on the forum.

            Comment


              #7
              Originally posted by Miterquiche View Post
              so there you have it, clear as day, will be firing an email to my current agent and making them aware of this and saving myself the 36 quid and them a potential 5k fine.
              I reckon they will be firing off an email to the next suitable applicant.

              Comment

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